AT&T forging ahead with controversial North Mianus cell tower

Neil Vigdor

Updated 10:55 pm, Wednesday, April 10, 2013

Despite a lawsuit hanging over the controversial project, AT&T is forging ahead with the construction of a cell tower on water company land in North Mianus that opponents say violates a deed restriction on the former town-owned property.

The wireless carrier, sued with the town's backing last year by three couples who live on Valley Road, notified the plaintiffs on April 5 that the project will commence within 45 days.

The couples are seeking an injunction from state Superior Court in Stamford to stop the construction on a 2.6-acre property owned by Aquarion Water Co. at 455 Valley Road.

Selectman Drew Marzullo, who successfully lobbied his colleagues on the Board of Selectmen to get the town to join the lawsuit, blasted the action by AT&T.

AT&T negotiated a lease with Aquarion to construct a 17 1/2-foot concealed tower atop a 48-foot water tank to address what the carrier has characterized as a coverage gap in the area.

The Connecticut Siting Council approved the project, which would bring the number of water tanks in the state with wireless equipment on them to over 80.

"Our objective remains to provide needed reliable cell coverage for our customers while minimizing any aesthetic impacts," AT&T spokesman Chuck Coursey said in a statement to Greenwich Time. "No other existing structures or locations could be identified to provide the coverage requirements needed for this area."

"They were disappointed and concerned that the court has not yet had an opportunity to consider our application for a temporary restraining order," said Westport lawyer Mario Coppola, who represents the three couples.

Messages seeking direct comment from Coppola's clients were left for them Tuesday.

"I think it's important for people to know that AT&T is still trying to construct this tower," Coppola said. "I think people should know that there's a real chance of it happening."

John Wetmore, a special counsel in the municipal law department who is representing the town in the matter, was out sick Tuesday and Wednesday, and was not available for comment.

Aquarion, which is also named as a defendant in the case, told Greenwich Time on Wednesday that the state Department of Public Health has not signed off on the project yet.

"We're not going to allow any construction until all of the I's are dotted and T's are crossed," said George Logan, director of engineering and planning for Aquarion.

The town previously owned the property at the center of the dispute, but agreed to sell it to the utility in 1952 on the condition that the land be used "exclusively for water supply purposes and further that the wash water tank be thoroughly screened by shrubbery and trees, and that the entire construction be of such character as not to impair the natural beauty of the area."

Otherwise, the property could revert to town ownership.

Coppola disputed AT&T's need such a tall structure, calling its wireless coverage plan for the area flawed.

He said his clients have legitimate concerns about fuel from a backup generator leaking into public drinking water tributaries, as well as the structural soundness of the tower and its fall zone.

"Certainly, there's some serious environmental concerns that my clients have," Coppola said. "We provided expert testimony that the proposed size of the tower is unnecessary to achieve the necessary coverage."

AT&T's Coursey said the tower's design strikes a balance.

"The location and minimum height selected were chosen to achieve optimal balance between meeting coverage objectives and minimizing any aesthetic impact to the community," he said. "Without this site in this area, at the height requested, there will continue to exist a significant gap in service in North Mianus and the need for reliable wireless service in this area will continue to go unmet."